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行政诉讼中,一审法院驳回起诉的裁定确有错误,应予撤销。但因一审法院未将起诉状副本送达被上诉人,被上诉人未进行答辩,导致二审法院无法判断上诉人的起诉是否符合法定条件。二审法院指令一审法院继续审理的,原审法院经继续审理后认为原告的起诉不符合其他法定条件,仍可以裁定驳回起诉。
In administrative proceedings, the court of first instance dismissed the prosecution as a mistake and should be rescinded. However, since the court of first instance did not serve a copy of the bill of complaint on the appellee, the appellee did not answer the defense, which resulted in the court of second instance being unable to judge whether the appellant’s suit was within the statutory conditions. Where the court of second instance directs the court of first instance to continue hearing the case, the court of first instance may, after continuing the hearing, believe that the plaintiff’s prosecution does not meet the other statutory requirements and may still decide to reject the prosecution.